§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Baroness Symons of Vernham Dean on 29 March (WA 127–8), whether the International Court of Justice has jurisdiction to determine claims of breach of United Kingdom-United States consular agreements; and, if so, whether they will (a) make a claim of breach by the United States before the International Court in the case of Krishna Maharaj; and (b) seek interim measures of protection on his behalf. [HL2324]
§ Baroness Symons of Vernham DeanConsular relations between the UK and the US are governed by the bilateral consular convention between the United Kingdom of Great Britain and Northern Ireland and the United States of America, 1951. Unlike the Vienna Convention on Consular Relations, this bilateral treaty does not include a clause that gives compulsory jurisdiction to the International Court of Justice over disputes relating to its application.
§ Lord Dholakiaasked Her Majesty's Government:
What response they received from Florida's State Attorney following their complaint about the breach of the United Kingdom-United States bilateral agreement relating to the arrest of Krishna Maharaj. [HL2332]
§ Baroness Symons of Vernham DeanMy noble friend Lady Scotland of Asthal wrote to the Florida State Attorney in early 2001 to ask that she not seek the death penalty in Mr Maharaj's case and to highlight again the breach of the UK/US bilateral consular convention of 1951. We did not receive a reply to this letter.
In the event, at a hearing on 26 March 2002, the Dade County District Court decided to resentence Mr Maharaj to a term of imprisonment rather than reinstate the death penalty.
§ Lord Dholakiaasked Her Majesty's Government:
What was the outcome of discussions between their Consul General in Atlanta and Governor Jeb Bush about the case of Krishna Maharaj. [HL2333]
§ Baroness Symons of Vernham DeanOur Consul General in Atlanta discussed the case of Mr Maharaj with Governor Bush on 30 November 2001, including the clemency process in Florida. At that time, Mr Maharaj was on death row, and Her Majesty's Government's policy is to lobby in all cases where a British national faces the death penalty.
In the event, at a hearing on 26 March 2002, the Dade County District Court decided to resentence Mr Maharaj to a term of imprisonment rather than reinstate the death penalty.